Patna High Court

Appu Kumar @ Appu Kumar YadavversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Appu Kumar Yadav, was arrested in a case registered under Sections 420 and 379 of the Indian Penal Code for the alleged theft of Rs.2,38,010 from his bike. He claims innocence, stating that the accusation stems solely from a confessional statement of co‑accused Anish Raj, with no other material evidence or recovery against him. The petitioner has been in judicial custody since 7 February 2025 and points out that the co‑accused has already been granted bail. The State opposed bail, highlighting the petitioner’s five prior criminal cases. After considering the lack of substantive evidence and the petitioner’s custodial duration, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner accused of offences under Sections 420 and 379 IPC in view of the limited evidence and his prior criminal antecedents.

Legislation cited

Indian Penal Code — s. 379, 420

Subjects

bail
cheating
theft
IPC 420
IPC 379
confessional statement
criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68391 of 2025
                  Arising Out of PS. Case No.-232 Year-2024 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Appu Kumar @ Appu Kumar Yadav Son of Shrifal Yadav Resident of village-
                 Kharsawah, P.S.- Balthar, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alexander Ashok, Advocate
                                                  Mr. Javed Akhtar, Advocate
                 For the Opposite Party/s :       Mrs. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   05-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 420 and

                   379 of the Indian Penal Code.

                                 3. The case of the prosecution, in short, is that the

                   petitioner himself is the informant who is working in a Micro

                   Finance Company. It is further alleged that after recovering cash

                   he was returning to his branch on his bike. He parked his bike

                   and has gone for easing himself and when he returned back he

                   found that the bag which was on the bike was not there. The

                   allegation is that the bag contained Rs.2,38,010/-.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.68391 of 2025(3) dt.05-01-2026
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          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted by

          learned counsel for the petitioner that the petitioner himself has

          informed about the occurrence. During course of investigation

          one Anish Raj has given his confessional statement and on the

          basis of his confessional statement this petitioner has been made

          accused in this case. Learned counsel for the petitioner has

          further submitted that save and except the confessional

          statement there is nothing against the petitioner and no recovery

          has been made from the possession of the petitioner. It has

          further been submitted that the co-accused Anish Raj has been

          granted bail by the learned Co-ordinate Bench vide Criminal

          Miscellaneous No. 67569 of 2025. Learned counsel for the

          petitioner has lastly submitted that the petitioner is languishing

          in judicial custody since 07.02.2025.

                       5. Learned Additional Prosecutor for the State has

          vehemently opposed the bail application of the petitioner and

          has submitted that the petitioner is having criminal antecedent

          of five cases.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on
            Patna High Court CR. MISC. No.68391 of 2025(3) dt.05-01-2026
                                                        3/3




                      bail in connection with Harsiddhi P.S. Case No. 232 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Judicial Magistrate 1st Class, East Champaran, Motihari.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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